Skobodzinski v. NDDOT

Citations

• 2025 ND 84

Syllabus

A motor vehicle operator arrested for driving under the influence or being in actual physical control has a limited statutory right to consult with an attorney. A person arrested for driving under the influence who asks to consult with an attorney before deciding to take a chemical test must be given a reasonable opportunity to do so if it does not materially interfere with the administration of the test. Whether a person has been afforded a reasonable opportunity to speak with an attorney is determined by conducting an objective review of the totality of the circumstances. The appropriate inquiry is whether the police afforded an arrestee a reasonable opportunity to consult with counsel in a meaningful way.